Q and A

By SHAWN G. KENNEDY

Published: February 12, 1989

Ban on Dishwasher

Question: I have lived in a rent-stabilized apartment for over 30 years. About 20 years ago I bought a portable dishwasher, as did other residents. The tenant who lives under me started complaining of suds in her sink when I use the dishwasher; often her complaints came when I was not using it.

Recently I got a letter from the landlord asking me to remove the dishwasher. I stopped using it, but I believe the problem is not my machine but an obstruction in the pipes. Can the landlord evict me if I start using it again? . . . F. S., Manhattan

Answer: Probably not. Your landlord would not be able to evict you without a court order. Since using the appliance is not prohibited by the lease, there probably would not be cause.

Lawrence Felder, who owns a plumbing contracting business and is a member of the Plumbing Contractors Association of New York, thinks your hunch that the dishwasher is not the cause of the problem is probably correct.

''Ninety-nine percent of the problems are caused by a high-sudsing detergent,'' he said. ''A switch to a non- or low-sudsing brand might be the answer.'' Another possible cause, he said, could be a blockage in or the shape of the pipe. You might ask the landlord to have a licensed plumber check this out. Kennel in an Apartment

Question: I have a neighbor who runs a part-time kennel in her apartment. She receives 5 to 10 dogs at the end of the week, keeps them overnight, loads them into her van and takes them to the country for the rest of the weekend. Then she brings them back on Sunday or Monday and returns them to their owners. On some evenings and often in the early morning - before I leave for work - there are dogs barking and howling in the apartment. I have not been able to get my co-op board to take any action, but it seems to me there must be a law prohibiting boarding dogs in a residental building. What can I do about this? . . . S. F., Manhattan

Answer: According to Vahe Tiryakian, a spokesman for the City's Department of Buildings, the section of the city's zoning resolution pertaining to home occupations specifically prohibits commercial stables and kennels in residential buildings.

''Since the zoning rule prohibits this use,'' Mr. Tiryakian said, ''the person who is running the kennel is violating the building's Certificate of Occupancy.''

You should notify the cooperative's board of this. If it does not respond, contact the Department of Buildings. The Manhattan borough office is at 60 Hudson Street. Profits and the Flip Tax

Question: I own a co-op apartment in Manhattan. I purchased it three years ago as an outsider. Our board recently instituted a flip tax, which is 4.5 percent of the sale price.

It seems to me that this tax is applied unequally. For example, if I paid $145,000 for my apartment and sell it for $200,000 I make a $55,000 profit. An insider who bought a compararable apartment for $65,000 would make $135,000 profit on the same sale. But we are paying the same amount if the sale prices are the same. Is this legal? . . . K. S., Manhattan

Answer: The so-called flip tax, which is really a transfer fee on the sale of shares, has been upheld in New York State courts as a legitimate way for co-ops to raise money. The corporation's board has the right to determine the amount of the fee and how it is imposed. It is usual for co-ops to base the fee on the sale price rather than the amount of profit on a sale.